(" . In the Criminal Law (Consolidation) (Scotland) Act 1995, after section 13 there shall be inserted--

Sodomy: Scotland.

Sodomy with a member of the opposite sex.

13A--(1) Subject to subsection (3) below, it shall be an offence to commit or to be party to the commission of, or to procure or attempt to procure the commission of an act of sodomy with a member of the opposite sex--

(a) otherwise than in private;

(b) without the consent of both parties to the act; or

(c) with a person under the age of eighteen years.

(2) A person under the age of eighteen does not commit an offence under subsection (1) above if he or she commits or is party to the commission of an act of sodomy with a person who has attained that age.

(3) A person who is suffering from mental deficiency which is of such a nature or degree that he or she is incapable of living an independent life or of guarding himself or herself against serious exploitation cannot in law give any consent which, by virtue of subsection (1) above, would prevent an act of sodomy from being an offence; but a person shall not be convicted on account of the incapacity of such a person to consent, of an offence consisting of such an act if he or she proves that he or she did not know and had no reason to suspect that person to be suffering from such mental deficiency.

(4) A person who commits or is party to the commission of an offence under subsection (1) above shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both and on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995).

(5) It shall be a defence to a charge of committing or to being a party to the commission of, or to procure or attempt to procure the commission of an act of sodomy under subsection (1) above that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of 18 years."")